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Thomas, J., dissenting
cretion in the Prosecution of Local Political Corruption, 10 Pepp. L. Rev. 321, 336-343 (1983).
The reader of today's opinion, however, will search in vain for any consideration of the principles of federalism that animated Gregory, Rewis, Bass, and McNally. It is clear, of course, that the Hobbs Act's proscription of extortion "under color of official right" applies to all public officials, including those at the state and local level. As our cases emphasize, however, even when Congress has clearly decided to engage in some regulation of the state governmental officials, concerns of federalism play a vital role in evaluating the scope of the regulation.8 The Court today mocks this jurisprudence by reading two significant limitations (the textual requirement of "inducement" and the common-law requirement of "under color of office") out of the Hobbs Act's definition of official extortion.
proval" of judicial interpretation of a statute) (internal quotation marks omitted).
I find it unfortunate that the arguments we rejected in McNally today become the law of the land. See ante, at 268-269 ("Our conclusion is buttressed by the fact that so many other courts that have considered the issue over the last 20 years have interpreted the statute in the same way. Moreover, given the number of appellate court decisions . . . it is obvious that Congress is aware of the prevailing view" and has ratified that view through its silence).
8 This case is, if anything, more compelling than Gregory v. Ashcroft, 501 U. S. 452 (1991). In both cases, Congress clearly chose to engage in some regulation of state governmental officials. In Gregory, however, that regulation was sweeping on its face, and our task was to construe an exemption from that otherwise broad coverage. We decided the case on the ground that the exemption must be assumed to include judges unless a contrary intent were manifest. "[I]n this case we are not looking for a plain statement that judges are excluded. We will not read the [statute] to cover state judges unless Congress has made it clear that judges are included. . . . [I]t must be plain to anyone reading the Act that it covers judges." Id., at 467. Here, in contrast, our task is to construe the primary scope of the Hobbs Act.
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